Mangochi Court Acquits Man Accused Of Defiling His Own Daughter

Mandebvu was alleged to have had sexual relations with his biological daughter between 2023 and 2024. During trial, the complainant, who testified under the pseudonym SM, told the court that she lived with her mother following her parents’ divorce. She stated that on one occasion her father summoned her to his house to assist with household chores, where he allegedly told her that he wanted to sleep with her as part of ritual practices. She further alleged that he promised to open a shop for her and give her money, and later handed her a keypad mobile phone after the incident.

The matter was reported to police in 2025 and Mandebvu was arrested.

A medical practitioner who testified for the State told the court that the complainant’s hymen was broken but could not conclusively state the cause of the condition.

In his defence, Mandebvu denied the allegations and told the court that he had earlier disowned the complainant and barred her from his house due to repeated theft. He stated that in February 2025 the complainant was found stealing fresh maize and was fined five bags as compensation. According to Mandebvu, when he refused to settle part of the compensation on her behalf, the complainant threatened him with a letter indicating that she would accuse him of having sexual relations with her.

The defence also presented evidence from family members, including an uncle to the complainant who confirmed the existence of the letter and longstanding family disputes, notably over land. A brother of the complainant testified that the phone in question had been stolen from him by the complainant, contrary to her claim that it was given to her by the accused.

In his judgment, Senior Resident Magistrate Muhammed Chande observed that while the State proved the element of age, it failed to establish beyond reasonable doubt that the girl was sexually assaulted or that Mandebvu was the perpetrator. The court also noted that the absence of key prosecution witnesses and inconsistencies in the girl’s testimony weakened the State’s case. The court therefore resolved to rule in favour of the accused.

Mandebvu, who was represented by Principal Legal Aid Advocate Upile Mapata, was consequently found not guilty and acquitted after spending 11 months on remand.